Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
[
CR 01-114]
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed amendment to chapter ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides. The hearing will be held at the time and place shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until November 16, 2001, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4502. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by October 19, 2001, by writing to Bruce Rheineck, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4502. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
The hearings is scheduled on:
Tuesday November 6, 2001
afternoon session: 1:00 p.m. until 3:30 p.m.
evening session: 6:30 p.m. until 8:00p.m.
Great Wolf Lodge
I-90/94 & Hwy 12
Grey Wolf Room
Wisconsin Dells, WI 53965
Handicapped accessible
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
In order to protect Wisconsin groundwater, current rules under ch.
ATCP 30, Wis. Adm. Code, restrict the statewide rate at which atrazine pesticides may be applied. Current rules also prohibit the use of atrazine in areas where groundwater contamination levels attain or exceed state enforcement standards. Based on new groundwater test data, this rule expands a current atrazine prohibition area and merges two others into a larger prohibition area.
Atrazine Prohibition Areas
Current rules prohibit the use of atrazine where atrazine contamination of groundwater equals or exceeds the current groundwater enforcement standard under ch.
NR 140, Wis. Adm. Code. Current rules prohibit atrazine use in 103 designated areas, including major prohibition areas in the lower Wisconsin river valley and much of Dane and Columbia counties.
This rule enlarges one current prohibition area and merges two others into a larger prohibition area. This will increase the statewide acreage of atrazine prohibition areas by about 11,300 acres. This rule includes maps describing the revised prohibition areas.
Within every prohibition area, atrazine applications are prohibited. Atrazine mixing and loading operations are also prohibited unless conducted over a spill containment surface which complies with s.
ATCP 29.45, Wis. Adm. Code.
Fiscal Estimate
The rule will be administered by the Agricultural Resource Management (ARM) Division of the Department of Agriculture, Trade and Consumer Protection (DATCP). The following estimate is based on enlarging 1 existing prohibition area (PA), and merging two other PAs into one larger PA.
Administration and enforcement of the proposal will involve new costs for the department. Specialist and field investigator staff time will be needed for inspections and enforcement in the new PAs (0.1 FTE, cost approximately $4,000). Enforcement activities will be conducted in conjunction with current compliance inspections but at increased levels to ensure compliance with the additional prohibition areas. Compliance activities will be especially important in the first few years as growers, commercial applicators, dealers, and agricultural consultants in the PAs require education to comply with the new regulations.
Soil sampling conducted in the additional PAs to determine compliance with the rules will require an estimated $750 in analytical services. In addition, a public information effort will be needed to achieve a high degree of voluntary compliance with the rule. Direct costs to produce and distribute the informational materials will be $750.
Total Annual Costs: $5,500
The Department anticipates no additional costs for other state agencies. Water sampling programs within the Department of Natural Resources and local health agencies may receive short term increased interest by individuals requesting samples.
The rule does not mandate that local government resources be expended on sample collection, rule administration or enforcement. The rule is therefore not expected to have any fiscal impact on local units of government. County agricultural agents will likely receive requests for information on provisions of the rule and on weed control strategies with reduced reliance on atrazine. This responsibility will probably be incorporated into current extension programs with no net fiscal impact.
Initial Regulatory Flexibility Analysis
Businesses Affected:
The amendments to ATCP 30 Appendix A will affect small businesses in Wisconsin. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 11,300 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 2,825 acres of corn will be affected. Between 10 and 30 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
Specific economic impacts of alternative pest control techniques are discussed in the environmental impact statement for this rule.
Reporting, Recordkeeping and Other Procedures Required for Compliance:
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
Atrazine cannot be used in certain areas of the State where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10 Wis. Adm. Code.
Professional Skills Required to Comply:
The rule affects how much atrazine can be applied and on which fields. Because overall use of atrazine will be reduced in the State, alternative weed control techniques may be needed in some situations. These techniques may include different crop rotations, reduced atrazine rates, either alone or in combination with other herbicides, or combinations of herbicides and mechanical weed control measures.
While alternative weed control techniques are available, adoption of these techniques on individual farms will in some cases require assistance. In the past this type of assistance has been provided by University Extension personnel and farm chemical dealers. In recent years many farmers have been using crop consultants to scout fields, identify specific pest problems and recommend control measures. The department anticipates these three information sources will continue to be used as the primary source of information, both on whether atrazine can be used and which alternatives are likely to work for each situation.
Draft Environmental Impact Statement
The Department has prepared a draft environmental impact statement (EIS) for proposed 2002 amendment to rules on the use of pesticides containing atrazine. Copies are available from the Department on request and will be available at the public hearings. Comments on the EIS should be directed to the Agricultural Resource Management Division, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI, 53708 in care of Jeff Postle. Phone 608/224-4503. Written comments on the EIS will be accepted until November 16, 2001.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.12, and
101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to elevators and mechanical lifting devices.
The public hearing will be held as follows:
Date, Time Location
November 1, 2001 Third Floor
Thursday Conference Room #3C 10:00 a.m. Tommy G. Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 16, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
Analysis Prepared by Department of Commerce
Statutes Interpreted: Sections
101.12. 101.13 and 101.17
The purpose of chapter Comm 18, Elevator Code, is to protect the safety of the general public and employees using elevators and other mechanical lifting devices in public buildings and places of employment.
The Department is in the process of repealing the requirements in chs.
Comm 50 to
64 and promulgating rules in ch.
Comm 61 to
66 (Clearinghouse Rule number 00-179) as the state Commercial Building Code. These changes include the adoption by reference of the 2000 edition of the International Building Code
® (IBC), the International Energy Conservation CodeTM (IECC), the International Mechanical Code
® (IMC) and the International Fuel Gas Code
® (IFGC). Chapter
Comm 14, Fire Prevention Code, has been modified for fire code issues. The primary reason for revising the requirements in ch.
Comm 18, Elevator Code, is to update cross-references to the Commercial Building Code, chs.
Comm 61 to
65, including specific references to the adopted international codes. Changes are also proposed to eliminate duplicative and conflicting requirements and use terminology consistent with the IBC.
The following major changes are being proposed to the current ch.
Comm 18:
1. The IBC sections 1108.6 and 1108.7 do not recognize the use of an ASME A17.1 Part 5 residential style elevator for use in a public building or place of employment. This will eliminate the rule permitting residential style elevators to be installed in existing churches and numerous rules within ch. Comm 18 that modified the technical requirements for residential elevators. [Comm 18.17 (1) (b) is repealed, and ch. Comm 18, subchapter V (ss. Comm 18.36 through 18.415 are repealed.]
2. Currently, ch.
Comm 18 requires stretcher-sized elevators in any building 4 or more stories in height and in hospitals, nursing homes, and medical clinics, regardless of the number of stories. The IBC section 3002.4 only requires a stretcher-sized elevator to be installed in any building 4 or more stories in height but not in hospitals, nursing homes, and medical clinics that are less than 4 stories in height. A Wisconsin-based requirement will be included to retain the requirement that a stretcher-sized elevator be provided in hospitals, nursing homes, and medical clinics, regardless of the number of stories.[Comm 18.18 (1) (d) and (e) definitions and Comm 18.295]
3. The requirement that a drain or sump must be provided in all elevator pits is eliminated from Comm 18 and is included in IBC chapter 30 relating the construction requirements for elevators. [Comm 18.23 and Comm 62.3004 (2)]
4. Eliminate duplicative construction related accessibility requirements and cross-reference IBC chapter 11 and ICC/ANSI A117.1 standard for consistency. [Comm 18.295 (2), Comm 18.35, Comm 18.74, Comm 18.755 and Comm 18.88 are repealed; See Comm 18.69 (1) (d), (2), and (3) for cross-references]
5. Eliminate the plan review and inspection functions and the technical requirements for hand dumbwaiters. [Comm 18.43 (1)]
The proposed rules have been developed with the assistance of the Elevator Code Council. The members of that citizen advisory are as follows:
Names Representing
Warren Bauer American Institute of Architects, WI Society
Ken Bavery WI State Fire Chiefs' Association
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI AFL-CIO
Jeff Lund Waupaca Elevator
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Public
John Zalewski City of Milwaukee
Andrew Zielke National Elevator Industry, Inc.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. Any small business involved with the installation or manufacturing of elevators or mechanical lifting devices will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules. There are no reporting, bookkeeping or other procedures necessary for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules. None known.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 18 and 62. The proposed rules do not contain any changes in the Division?s fees charged for administering and enforcing chapters Comm 18 and 62. The proposed rule changes will not generate any additional workload costs and do not propose any changes in fees paid to the Department. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.13 and
101.132, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to the building construction accessibility requirements.
The public hearing will be held as follows:
Date, Time Location
November 8, 2001 Third Floor
Thursday Conference Room #3C 10:00 a.m. Tommy G. Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 23, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
Analysis Prepared by Department of Commerce
The Department is currently promulgating a revised state Commercial Building Code, chapters Comm 61 to 65, under
Clearinghouse Rule 00-179. That code includes the adoption by reference of the 2000 editions of the
International Building Code® (IBC), the
International Energy Conservation CodeTM (IECC), the
International Mechanical Code® (IMC) and the
International Fuel Gas Code® (IFGC).
The 2000 edition of the IBC contains barrier-free accessibility requirements for buildings and facilities; however, those accessibility requirements have been substantially changed in a 2001 IBC Supplement, to ensure the IBC provides an equivalency or “safe harbor" with federal fair housing design regulations. The Department feels it is important to also adopt the 2001 IBC accessibility changes so designers and owners will be complying with rules that are substantially equivalent to the federal regulations, as well as the state fair housing regulations relating to accessibility in multifamily housing. This proposed rule package on accessibility issues has a projected effective date of July 1, 2002, which will coincide with the projected effective date of the revised Commercial Building Code.
This rule package includes new Wisconsin-based accessibility requirements, along with those that were previously proposed under
Clearinghouse Rule 00-179, and includes all of the requirements in the 2000 IBC and in the 2001 IBC Supplement that relate to accessibility in multifamily housing and commercial facilities. This puts all the accessibility requirements in Wisconsin into one document, which should make the requirements easier to use.
A. The following is a summary of the new Wisconsin-based requirements that are being proposed subsequent to including the IBC in chapters Comm 61 to 65:
1. A Wisconsin-based requirement is included for the 2001 IBC Supplement, chapter 10, that clarifies stairways at exterior areas of rescue assistance must be at least 48-inches wide, and these areas must be identified with signs in accordance with IBC section 1003.2.13.5.5. [Comm 62.1003 (2) (b)]
2. The IBC requires in assembly areas that at least one wheelchair space be provided for every 200 seats over 500 seats, which conflicts with the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). A Wisconsin-based requirement is proposed to require one wheelchair space for every 100 seats over 500 seats in assembly areas, which is consistent with ADAAG 4.1.3 (19). [Table Comm 62.1108-1]
3. The IBC requires a unisex toilet room to be provided in assembly and mercantile occupancies where 6 or more male and female water closet fixtures are required. However, under s.
101.13 (1m) (b), Stats., the Department is prohibited from promulgating a rule requiring the use of a unisex toilet room in any public building. The proposed rules will permit a unisex toilet room to be provided in assembly and mercantile areas, but will not require it. [Comm 62.1109 (2) (c)]
4. Requirements from the 2001 IBC Supplement are being modified to clarify the accessibility requirements for existing buildings, when a change in occupancy occurs. [Comm 62.3408 (3) and (5)]
B.
The following requirements, which were all also included in
Clearinghouse Rule 00-179, are based on the fair housing language specified in section 101.132, Stats:
1. The renter of a multifamily dwelling may request, at no cost to the renter, lever door handles on all doors, and single lever controls on all plumbing fixtures. [Comm 62.1101 (2) (a) Note]
2.
Circuit controls that are installed for use by tenants must be accessible. [Comm 62.1101 (2) (b)]
3.
All exits must be accessible and, to the maximum extent feasible, all entrances must be accessible. [Comm 62.1105 and Comm 62.1107 (7) (a) 1.]
4.
Accessibility rules apply to buildings with 3 or more dwelling units. [Comm 62.1107 (5) (a) 2., (b) 2., and (c) 2.; and (6) (a) 2., (b) 2., (c), and (d) 2.]
5.
A petition for variance must be submitted to justify site impracticality or unusual characteristics of the site, and the minimum number of accessible dwelling units must be not less than 50% of the total number of dwelling units. [Comm 62.1107 (7) (d) and (e)]
6.
Accessibility must be provided in existing housing, based on the percentage of remodeling. [Comm 62.3408 (3) and (5)]
C. The following is a summary of the differences between Wisconsin's current fair housing requirements and the IBC fair housing requirements:
1.
The IBC requires that at least 2% of the dwelling units in facilities with more than 20 dwelling units must include accessibility features similar to those specified for commercial facilities. These units are designated as Type A units. The accessibility features in Type A units also include maneuverability at doors within dwelling units, which will require turnaround space within each bathroom in Type A units. The other dwelling or sleeping units on accessible floors must be Type B units. Type B units are those units that comply with the accessibility features specified in the fair housing regulations. [Comm 62.1107 (5) and (6)]
2.
Currently, Wisconsin requires at least one bathroom in each dwelling unit to be designed to a higher level of usability as specified in the federal fair housing regulations. This requirement will be replaced with the IBC requirement that 2% of the dwelling units in a facility with more than 20 dwelling units must be Type A units.
3.
The current Wisconsin-based rule that requires additional space at the faucet end of a bathtub, to accommodate toe clearances, will be replaced with the IBC requirement that 2% of the dwelling units in a facility with more than 20 dwelling units must be Type A units.
4.
The IBC requires that accessible routes to accessible parking spaces for Type A dwelling units must be interior if the general circulation path is interior. This requirement does not apply to Type B units, which is consistent with the federal fair housing regulations. [Comm 62.1104 (5)]
5.
In addition to specifying the percentage of accessible dwelling units or sleeping units in health care facilities, the IBC requires that all other dwelling units or sleeping units which are intended to be occupied as a residence must be Type B units. [Comm 62.1107 (5)]
6.
The IBC requires a vertical clearance of at least 98 inches at accessible parking spaces and along the vehicular route to these spaces. This will require overhead doors for underground parking facilities to have a minimum clearance of 98 inches. [Comm 62.1106 (2) and ICC/ANSI A117.1 section 502.5]
D.
The following are Wisconsin-based accessibility requirements for commercial buildings that were previously included in
Clearinghouse Rule 00-179:
1.
The IBC requires vertical access to floor levels that are above or below the accessible level and that have an aggregate area more than 3,000 square feet. Under the IBC, vertical access must be provided between all floor levels in Group M (mercantile) occupancies with five or more tenant spaces, in Group B (business) or Group I (institutional) occupancies with offices of health care providers, in passenger transportation facilities and airports regardless of the size of the building. The Wisconsin-based requirement will be maintained that includes government-owned facilities in this category to be consistent with the federal Americans with Disabilities Act. [Comm 62.1104 (4)]
2.
The Wisconsin-based exemption will be maintained that allows omitting an accessible route to floor levels that are above or below the accessible floor level in government-owned or -operated facilities, where the raised or lowered floor level is less than 500 square feet and has a maximum capacity of 5 people or less. [Comm 62.1104 (4) (b) 3.]
3.
The Wisconsin-based requirement is being maintained that requires accessible parking spaces to have a parking sign complying with s.
Trans 200.07. [Comm 62.1110 (1) (b)]
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. All newly constructed or altered public buildings and places of employment will be affected by these rules. Similar accessibility rules have been in effect in the state since December 1994 and the federal accessibility laws have been in effect for over 10 years, so the impact of these rules should be minimal.
2. Reporting, bookkeeping and other procedures required for compliance with the rules. None known
3. Types of professional skills necessary for compliance with the rules. None known
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 61 to 65, Wisconsin Commercial Building Code. The proposed rules are updating rules relating to accessibility issues and do not contain any changes in the Division's fees charged for administering and enforcing the Wisconsin Commercial Building Code. The proposed rules will not generate any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15) and
101.121, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to historic buildings.
The public hearing will be held as follows:
Date, Time Location
November 9, 2001 Third Floor
Friday Conference Room #3C 10:00 a.m. Tommy G. Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 23, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
Analysis Prepared by Department of Commerce
Statutes Interpreted: Section
101.121, Stats.
The Department is currently promulgating a revised state Commercial Building Code, chapters Comm 61 to 65, under
Clearinghouse Rule 00-179. That code includes the adoption by reference of the 2000 editions of the
International Building Code® (IBC), the
International Energy Conservation CodeTM (IECC), the
International Mechanical Code® (IMC) and the
International Fuel Gas Code® (IFGC).
The primary reason for revising the requirements in chapter Comm 70, Historic Building Code is to update cross-references to the Commercial Building Code, chapters Comm 61 to 65, including specific references to the adopted international codes. Changes are also proposed to eliminate duplicative and conflicting requirements by using terminology consistent with the IBC, and to clarify existing requirements relating to the building evaluation method. This proposed rule package on historic buildings has a projected effective date of July 1, 2002, which will coincide with the projected effective date of the revised Commercial Building Code.
The following major changes are being proposed to the current chapter Comm 70:
1. Revised the requirements relating to the application of other codes to qualified historic buildings to coincide with the requirements in 101.121 (4), Stats. [Comm 70.04]
2. Modified plan examination and plan submittal requirements to be consistent with proposed chapter Comm 61 relating to administration and enforcement of the Commercial Building Code. [Comm 70.07 (1) and (3)]
3. Consolidated requirements relating to approval application forms and types of approvals given by the Department by cross-referencing chapter Comm 61 and to clarify submittal requirements. [Comm 70.07 (5) and Comm 70.08]
4. Modified the building safety parameters specified in sections
Comm 70.22 (1) to
(17) to cross-reference the applicable IBC code sections and to clarify language for use with the IBC. The code text was changed to require the comparison to the “prevailing code", which is the IBC, and to list the appropriate IBC sections in informational notes. The following major changes are being proposed:
a. Modified several sections to use terminology that is consistent with the IBC. (Changing “class of construction" to “type of construction", “building setback" to “building fire separation distance", and “firestopping" to “fireblocking and draftstopping".) [Comm 70.22 (1) and (3)]
b. Eliminated a duplicative requirement allowing an increase in building area when a building is sprinklered. This increase is already covered in the IBC. [Comm 70.22 (2)]
c. Changed the attic compartmentalization area from 3200 square feet to 3000 square feet to be consistent with the IBC. [Comm 70.22 (4)]
d. Eliminated the requirement that dead ends could not be created since the IBC would permit certain dead ends. [Comm 70.22 (13)]
e. Eliminated the reference in Table 70.22-17 to “unseparated hazardous areas" since these areas are considered “incidental use areas" and are considered within the context of code compliance under the IBC. [Comm Table 70.22-17, line 6]
5. Changed the methods for determining the fire-resistance rating of materials by using IBC chapter 7 and coordinated the cross-references to specific IBC sections, such as IBC section 703.3 for methods for determining fire resistance of materials. The IBC chapter 7 requirements include very detailed prescriptive fire-resistance ratings for materials such as clay, shale, slate and limestone units. If the fire-resistance could not be determined using these Tables, other methods or standards recognized by the Department could still be used. [Comm 70.40 (3) (a)]
6. Modified various code sections to cross-reference the correct code requirements in the IBC. [Comm 70.02 (2), definitions under 70.17, 70.27, 70.28, 70.29 (3), 70.37 (1) and (2) (a), 70.38 (1) (a) and (b), 70.39 (1) (a) 2., and 70.42]
7. Modified the alternate atrium requirements relating to smoke removal to comply with the mechanical smoke exhaust requirements in the IBC. [Comm 70.26 (3) (d)]
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. Small design firms working on qualified historic buildings, or small businesses located in qualified historic buildings that are altered or changed in occupancy will be affected by these rules. The primary reason for the rule change is update cross-references to chapters Comm 61 to 65, Wisconsin Commercial Building Code and the International Building Code, and to clarify existing requirements relating to the building evaluation method. The impact on small businesses should be minimal.
2. Reporting, bookkeeping and other procedures required for compliance with the rules. There are no reporting, bookkeeping or other procedures necessary for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules. None known.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Fiscal Estimate
The proposed rule changes to ch.
Comm 70 are updating cross-references and clarifying code language, which do not contain any changes in the Division's fees charged for administering and enforcing the Wisconsin Commercial Building Code. The proposed rules will not generate any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
(Financial Resources for Businesses & Communities, Chs.
Comm 105-
128)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Community Development Block Grant Program.
Date, Time Location
October 30, 2001 Third Floor
Tuesday Room #3B, 3rd Floor 10:00 a.m. T.G. Thompson Commerce Center
(WHEDA Bldg.)
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 15, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Divison
P.O. Box 2689
Madison, WI 53701-2689
Analysis Prepared by Department of Commerce
Statutes interpreted:
s.
560.045, Stats.
Under s.
560.045, Stats., the Department of Commerce has the responsibility of accepting and evaluating applications, and awarding grants. One mechanism of the Department in fulfilling this responsibility has been the promulgation of rules for the state community development block grant program, ch.
Comm 108.
This rule revision relates to changes in definitions which occurred in the 1999 Wisc. Act 9; additional program funds now available from U.S. Housing and Urban Development (HUD); revising the application schedule on a continuing basis; and updating the process of scoring applications.
Currently public facility grants to eligible communities are awarded annually. Under this proposal, grants can be awarded throughout the year making it easier for communities to prepare and submit their proposals.
A number of definitions have been updated to reflect changes in Statutory citations, to include the complete definition as a Note for the user, and to clarify terms that may have been used inter-changeably in the previous edition of the code.
The rule revisions reflect the expansion of funding programs for public facilities planning to issue grants to eligible local governments for public facilities planning up to $12,500 per plan.
Some sections relating to the scoring of applications are being to reflect the intent of the issue as and staff experience with ranking applications.
Other minor revisions throughout the chapter relate to code clarification, Statutory notes, and rule format.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. The proposed rule revisions are subject to eligible local governmental units only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The reporting, bookkeeping and other procedures required for applicants or eligible local governmental units are expected to be more user-friendly, in that applications may be made throughout the year and that specific grant award requirements, scoring and award amounts are more clearly communicated in the rule and application materials.
The ability for an eligible local governmental unit to apply for CDGB funding throughout the year should serve as a valuable benefit for local government planning.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions includes the ability to apply for various planning grants; no additional professional skills are expected to be required by applicants or eligible local governmental units.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Fiscal Estimate
The proposed rule revisions are specific to the processes and procedures in administration the federal funds, U.S. Housing and Urban Development (HUD). Eligible local units of government may be recipients of these funds.
Notice of Hearing
Financial Institutions - Banking
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Banking will hold a public hearing at the time and place indicated below to consider creating a rule regarding procedures for cancellation and return of accounts.
Date, Time and Place of Hearing
October 30, 2001 Tommy G. Thompson Conf. Room
Tuesday 5th Floor
9:00 a.m. Department of Financial Institutions
345 West Washington Avenue
Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Lisa Bauer at (608) 264-7877 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.
Analysis Prepared by Department of Financial Institutions, Division of Banking
To amend s. DFI—Bkg 74.08 (2), and create ss. DFI—Bkg 74.001 (3) and DFI—Bkg 74.08 (4). Statutory authority: ss.
218.04 (7) (d) and
227.11 (2), Stats. Summary: Currently a collection agency must cancel and return all accounts when a license is terminated for whatever reason. However, current rules do not contemplate a merger between department licensees. Corporate merger statutes allow for the transition of the duties and obligations of the merged entity to the surviving entity. Allowing the transfer of all accounts accomplishes this. This rule also allows, under certain circumstances, a licensed collection agency to purchase the listed accounts of another agency. Accounts would not need to be cancelled and returned in these circumstances.
Statutory Authority:
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Initial Regulatory Flexibility Analysis:
The rule may have an impact on small business. Types of small business that will be affected by the rule: collection agencies. Description of the proposed reporting, bookkeeping and other procedures required for compliance: application and payment of fee to the division, and notice to persons having accounts listed. Types of professional skills necessary for compliance: no new skills.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Michael J. Mach, Administrator
Department of Financial Institutions
Division of Banking
P.O. Box 7876, Madison
WI 53707-7876
tel. (608) 261-7578
A copy of the full text of the proposed rules may also be obtained at the department's website,
www.wdfi.org.
